SkiKrumb Trackers Inc. – Terms of Use

Last updated December 6, 2023

Please read these terms of use carefully.

These Terms of Use apply to your access to, and use of, all or part of the SKIKRUMB.Ca website (the “Site”), the mobile application (the “App”) of SKIKRUMB TRACKERS INC. (“SKIKRUMB” “we,” “us,” “our“), any other WEBsite, mobile application, OR other digital properties where these terms are posted (collectively, the “Online Services”) AND Skikrumb’S PROPRIETARY wearable TRACKING devices THAT CONNECT TO the ONLINE SERVICES and, if applicable, device chargers (collectively “Devices”). the online services and devices are referred to collectively herein as THE “SKIKRUMB PRODUCTS AND SERVICES”.

By downloading, installing, using AND/or accessing the SKIKRUMB PRODUCTS AND SERVICES, you are confirming that you have read, understand, and agree to be bound by these Terms of Use, as may be revised by SKIKRUMB from time to time (the “Agreement”).

IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU MUST NOT ACCESS OR USE THE SKIKRUMB PRODUCTS AND SERVICES AND MUST IMMEDIATELY UNISTALL THE APP. THIS AGREEMENT CONTAINS PROVISIONS THAT LIMIT THE LIABILTY OF SKIKRUMB.

1. General Terms

Limitations of Use for the SKIKRUMB Products and Services. THE SKIKRUMB PRODUCTS AND SERVICES are designed and provided exclusively for convenience and lifestyle enhancement purposes. THE SKIKRUMB Products AND SERVICES are not designed, intended, or suitable for use in emergency situations, rescue operations, or as a replacement for professional incident response systems. reliance on THE SKIKRUMB Products AND SERVICES for purposes other than convenience and lifestyle enhancement is at YOUR own risk. SKIKRUMB shall not be liable for any incidents, damages, or failures arising from the use of the SKIKRUMB Products and services in emergency situations. By using the SKIKRUMB Products and services, you acknowledge and agree to these limitations and agree not to use the SKIKRUMB Products and services for any purpose that falls outside the scope of convenience and lifestyle enhancement.

Eligibility. YOU MUST BE 13 YEARS OR OLDER TO USE THE ONLINE SERVICES. If you are between the ages of 13 and the age of majority in your province/territory of residence, you may only use the Online Services under the supervision of a parent or legal guardian who agrees to be bound by this Agreement.

Changes to this Agreement. We reserve the right, in our sole discretion and at any time, to revise and update this Agreement. Any and all such modifications are effective immediately upon posting and apply to all access to and continued use of the SkiKrumb Products and Services. It is your responsibility to ensure that you are aware of the current terms of this Agreement when you access or use the SkiKrumb Products and Services.  Your continued use of the SkiKrumb Products and Services after any such changes come into effect will constitute your acceptance of such changes.

Suspension and Termination. We reserve the right, in our sole discretion and at any time and for any reason, with or without notice, to suspend or terminate your access to the Online Services and prevent your future access to and use of the SkiKrumb Products and Services, including but not limited to for your violation of this Agreement. SkiKrumb will not be liable to you or any third party for any suspension, termination or prevention of your access to or use of, or your inability to access or use, any of the SkiKrumb Products and Services. SkiKrumb’s failure or delay in taking such actions does not constitute a waiver of its rights to enforce this Agreement.

Modifications to the SkiKrumb Products and Services. We reserve the right to modify or discontinue, temporarily or permanently, the SkiKrumb Products and Services or any features or portions thereof without prior notice. You agree that SkiKrumb will not be liable for any modification, suspension or discontinuance of the SkiKrumb Products and Services or any part thereof.

2. Security, Restrictions, Compatibility and Usage Costs

Transmissions over the Internet. Unfortunately, the transmission of information via the Internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the privacy or security of any information transmitted over the Internet, including by email, through the SkiKrumb Products and Services, or otherwise. Any transmission of information over the Internet is at your own risk. We are not responsible for any damages suffered by you or others related to transmission of your information over the Internet.

Your Information and Account. You are responsible for the completeness, security, confidentiality and accuracy of the information you provide to us, and you agree to provide only true, accurate, current and complete information and to update such information as necessary. To access and / or use certain features of the Online Services, you may need to create a SkiKrumb account. You are responsible for using a unique password and maintaining the strict confidentiality of your username and password.  You are not permitted to share access to your account and are solely responsible and liable for all activities that occur under your account. You agree to promptly notify us of any suspected or actual unauthorized access to or use of your username, password, or account. To notify us of the foregoing, or if you wish to delete your account at any time, please refer to the Contact provision in Section 10 below.

Restrictions on Use. Except as expressly permitted in this Agreement, you agree you will not (and will not allow any third party to): (i) rent, lease, copy, transfer, resell, sublicense, time-share, or otherwise provide access to the SkiKrumb Products and Services to a third party; (ii) alter, edit, modify or create derivative works of the SkiKrumb Products and Services or any portion of the SkiKrumb Products and Services; (iii) reverse engineer, disassemble, decompile, translate, or otherwise seek to obtain or derive the source code, underlying ideas, algorithms, file formats, or non-public APIs of the SkiKrumb Products and Services; (iv) use the SkiKrumb Products and Services to store or transmit any code, files, scripts, agents or programs intended to do harm, including, for example, viruses, worms, time bombs and trojan horses; (v) interfere with or disrupt the integrity or performance of the SkiKrumb Products and Services or third-party data contained therein; (vi) attempt to gain unauthorized access to the SkiKrumb Products and Services or the related systems or networks; (vii) access the SkiKrumb Products and Services for the purpose of building a competitive product or service or copying features or user interfaces of the SkiKrumb Products and Services; (viii) use the SkiKrumb Products and Services in any manner that violates terms of this Agreement or applicable law; (ix) remove or obscure any of SkiKrumb’s proprietary or other notices contained in or on the SkiKrumb Products and Services; or (xi) connect the SkiKrumb Products and Services with any device that is not manufactured, distributed, or sold by SkiKrumb or through its authorized resellers or agents (such as a knock off or counterfit version of the Devices) or to any unauthorized application or third-party connection.

Compatibility & Usage Costs. You are responsible for any devices, software and services needed to access and use the Online Services. SkiKrumb does not guarantee that the Online Services will fully function on any particular device, from any particular location or with any particular software. You are responsible for any messaging and data charges, fees and taxes associated with your use of the Online Services, including when your download or access the Online Services and when we communicate with you by email or other means that you choose.

3. Rental of Devices

Rental Fee. You will be charged a rental fee for the use of a Device. The fee amount will be determined based on the duration of the rental you select within the App or Site (the “Rental Period”) and SkiKrumb’s then-current rental fees. The rental fee must be paid in full prior to the pickup of the Device. Rental fees are non-refundable.

Pickup and Return Instructions: You must follow the Device pickup and return instructions that are provided by SkiKrumb by email or in the App. You are encouraged to review the Frequently Asked Questions (FAQs) section on the Site for further information regarding the use, rental, pickup, return, and payment of the Device.

Damage Deposit. In addition to the rental fee, you are required to authorize a pre-payment of $50 CAD as a damage deposit. You acknowledge and agree that the damage deposit will be charged to the credit card associated with your account if: (i) the Device is not returned by the end of your Rental Period in accordance with the emailed or in-App return instructions; or (ii) the Device is returned in a damaged condition, beyond normal wear and tear, as determined by SkiKrumb, in its sole discretion.

4. Third Party Services

You may have the option to connect to content, functionality, software and other services developed, provided, or maintained by third parties (collectively, “Third Party Services”) through the Online Services. All Third Party Services are provided by third parties and are not under the direction or control of SkiKrumb. SkiKrumb shall not be liable or responsible, directly or indirectly, for your access to or use of any Third Party Services, including any damages, losses, liabilities, failures, or problems caused by, related to, or arising from any Third Party Services. Your use of and access to any Third Party Services is solely between you and the third party provider of the Third Party Services and is subject to any additional terms, conditions, agreements, or privacy policies provided or entered into in connection with the Third Party Services. If SkiKrumb determines (acting in its sole discretion) that a Third Party Service threatens the security, integrity or availability of the Online Services, then SkiKrumb may immediately and without notice to you disable access through the Online Services to such Third Party Service.

5. Privacy

SkiKrumb is committed to protecting the privacy of your personal information. To learn more about and understand our data collection practices, please see our Privacy Policy. By accessing or using the Online Services, you agree that SkiKrumb can collect and use your personal information in accordance with our Privacy Policy.

6. Intellectual Property

Limited Right to Access and Use. Subject to the terms of this Agreement, SkiKrumb grants you a personal, limited, revocable, non-exclusive, non-transferable, and non-sublicensable right to access and use the Online Services for personal use only in accordance with this Agreement.

Aggregated Statistics. You acknowledge and agree that SkiKrumb may (i) monitor your use of the SkiKrumb Products and Services; (ii) collect and compile data and information related to your use of the SkiKrumb Products and Services; and (iii) use such data and information in any manner, including, without limitation, to deliver and improve the SkiKrumb Products and Services, provided that such data and information has been fully de-identified and is used by SkiKrumb in an aggregated and anonymized manner (“Aggregated Statistics”).

SkiKrumb’s Intellectual Property. The names, slogans, logos, trademarks, service marks, domain names, and designations of SkiKrumb, the SkiKrumb Products and Services, Aggregated Statistics, and Feedback (as defined below) and all content and other materials therein, the arrangement and look and feel of the SkiKrumb Products and Services, and any and all related documentation, technology, code, know-how, updates, modifications or derivative works of any of the foregoing, (collectively the “IP”) are SkiKrumb’s exclusive property. Except for the limited right to access and use the SkiKrumb Products and Services as set out herein, SkiKrumb retains all rights, title, and interests in and to the IP. Nothing in this Agreement shall be construed to grant you any other rights or licenses to the IP whether by implication, estoppel or otherwise. You acknowledge having been advised by us that the IP is protected in Canada and internationally by applicable law including, but not limited to, copyright laws, trademark laws, treaty provisions and other intellectual property, confidential information and proprietary rights laws.

Feedback. If you provide suggestions, ideas, enhancement requests, corrections, or other feedback to SkiKrumb concerning SkiKrumb’s IP (“Feedback”), SkiKrumb may use, disclose and exploit such Feedback without restriction or any obligation to account to you. SkiKrumb is not required to consider or implement any Feedback.

7. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, The SKIKRUMB PRODUCTS AND Services are made available on an “as is”, “as available”, “where as” and “with all faults” basis. SKIKRUMB expressly disclaims all warranties, EXPRESS AND IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, reliability, SECURITY, ACCURACY, QUALITY, AVAILABILITY, EFFECTIVENESS, AND NON-INFRINGEMENT OR ARISING FROM COURSE OF DEALING, USAGE OR TRADE.

SKIKRUMB DOES NOT WARRANT THAT THE SKIKRUMB PRODUCTS AND Services ARE SUITABLE FOR OR WILL MEET YOUR REQUIREMENTS, that the SKIKRUMB PRODUCTS AND Services are FREE OF DEFECTS, MALICIOUS CODE, VIRUSES OR MALWARE, THAT THE OPERATION OF THE SKIKRUMB PRODUCTS AND Services WILL BE FREE FROM INTERRUPTION or ERROR-FREE, or THAT ERRORS OR DEFECTS IN THE SKIKRUMB PRODUCTS AND Services WILL BE CORRECTED. THE SKIKRUMB PRODUCTS AND Services MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. Maps, directions, and other navigation data, including data relating to your OR A DEVICES current location, may be unavailable, inaccurate, or incomplete.

8. Indemnification

You agree to defend, indemnify, and hold harmless SkiKrumb, and its respective officers, directors, employees, contractors, agents, representatives, successors, and assigns (collectively, the “SkiKrumb Parties”), from and against any and all Claims and Losses, of whatever nature, made against, incurred or suffered by any of the SkiKrumb Parties arising out of or in any way related to: (i) the use of, inability to use, or reliance on the SkiKrumb Products and Services by you or any individual or entity to whom you provide a Device or access to the Online Services, including but not limited to any location data therefrom (a “Third Party User”); (ii) any decision made or action or inaction taken by you or a Third Party User based on the location data provided by the SkiKrumb Products and Services; and (iii) your breach of this Agreement.  “Claims” means any and all manner of claims, demands, actions, suits, investigations or proceedings, including, without limitation, all rights with respect to any and all manner of Losses; and “Losses” means any and all manner of losses, damages, fines, penalties, costs and expenses (including legal fees and expenses on a full indemnity basis), known or unknown, foreseeable or not foreseeable, liquidated or unliquidated, direct or indirect. This indemnification includes, but is not limited to, personal injury, death, or property damage. SkiKrumb reserves the right, to assume exclusive defence and control of any matter subject to indemnification by you. You agree to provide all assistance as SkiKrumb may reasonably request in asserting any available defences.

9. Limitation of Liability

SKIKRUMB IS NOT RESPONSIBLE OR LIABLE FOR YOUR OR ANY OTHER INDIVIDUAL’S OR ENTITY’S USE OF, ANY RELIANCE UPON OR ANY INABILITY TO USE THE SKIKRUMB PRODUCTS AND SERVICES OR ANY THIRD PARTY SERVICES AND YOU ACCEPT THAT ANY AND ALL ACCESS TO AND USE OF THE SKIKRUMB PRODUCTS AND SERVICES AND ANY THIRD PARTY SERVICES BY YOU OR ANY THIRD PARTY USER SHALL BE ENTIRELY AT YOUR SOLE RISK AND EXPENSE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE AND FOREVER DISCHARGE SKIKRUMB AND THE SKIKRUMB PARTIES FROM ANY AND ALL CLAIMS AND LOSSES ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT OR THE SKIKRUMB PRODUCTS AND SERVICES, OF ANY NATURE OR KIND WHATSOEVER, AND REGARDLESS OF THE THEORY OF LIABILITY (WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHER), THAT YOU NOW HAVE OR IN FUTURE MAY HAVE, EVEN IF ANY OF THE SKIKRUMB PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR SUCH LOSSES WERE OTHERWISE REASONABLY FORESEEABLE, INCLUDING IN RESPECT OF PROPERTY DAMAGE, PERSONAL OR BODILY INJURY OR DEATH.

IT IS AGREED AND ACKNOWLEDGED THAT THE PROVISION OF THE SKIKRUMB PRODUCTS AND SERVICES UNDER THIS AGREEMENT SHALL NOT INCLUDE ANY ASSUMPTION OF RISK OR LIABILITY BY SKIKRUMB OR THE SKIKRUMB PARTIES FOR ANY LOSSES SUFFERED BY YOU OR ANY OTHER INDIVIDUAL OR ENTITY OR ANY CLAIMS MADE AGAINST YOU BY ANY INDIVIDUAL OR ENTITY RELATING TO THE SKIKRUMB PRODUCTS AND SERVICES OR THEIR USE.  YOU FURTHER AGREE AND ACKNOWLEDGE THAT THE SUPPLY OF THE SKIKRUMB PRODUCTS AND SERVICES IS CONDITIONAL ON THE ACCEPTANCE OF THE TERMS OF THIS AGREEMENT, INCLUDING THE DISCLAIMER OF WARRANTIES (SECTION 7), THE INDEMNITIES (SECTION 8), AND THE LIMITATION OF LIABILITY (SECTION 9) SPECIFIED HEREIN.  IT IS AGREED AND ACKNOWLEDGED THAT THE FUNDAMENTAL PURPOSE OF THESE PROVISIONS IS TO ALLOCATE THE RISKS UNDER THE AGREEMENT AND FOR THE SUPPLY AND USE OF THE SKIKRUMB PRODUCTS AND SERVICES BETWEEN SKIKRUMB AND YOU AND EACH HAS RELIED ON THIS ALLOCATION AND LIMITATIONS IN DETERMINING WHETHER TO ENTER INTO THE AGREEMENT.

THIS LIMITATION UPON CLAIMS AND LOSSES SHALL APPLY WITHOUT REGARD TO WHETHER OTHER PROVISIONS OF THE AGREEMENT HAVE BEEN BREACHED OR HAVE OTHERWISE PROVEN INEFFECTIVE OR UNENFORCEABLE.

NOTWITHSTANDING THE ABOVE, IF SKIKRUMB IS FOUND LEGALLY RESPONSIBLE TO YOU FOR ANY LOSSES YOU OR ANY INDIVIDUAL OR ENTITY MAY HAVE SUFFERED IN ANY WAY ARISING FROM OR IN CONNECTION WITH THIS AGREEMENT OR THE SKIKRUMB PRODUCTS AND SERVICES, THEN SKIKRUMB’S MAXIMUM LIABILITY TO YOU WILL BE NO MORE THAN THE FEES ACTUALLY RECEIVED BY SKIKRUMB FROM YOU FOR THE SKIKRUMB PRODUCTS AND SERVICES DURING THE RENTAL PERIOD IN WHICH THE EVENT GIVING RISE TO THE LIABILITY AROSE.

10. Miscellaneous

Entire Agreement. This Agreement constitutes the entire agreement between you and SkiKrumb related to the subject matter hereof and supersedes all prior or contemporaneous understandings, agreements, and representations and warranties, both written and oral, related to the subject matter of this Agreement.

Governing Law. This Agreement is governed by and is to be construed in accordance with the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law rule in any jurisdiction or the United Nations Convention on Contracts for the International Sale of Goods. The parties submit themselves to the exclusive jurisdiction of the federal or provincial courts located in Vancouver, British Columbia, Canada (except that SkiKrumb may seek injunctive relief to prevent improper or unauthorized use or disclosure of any IP in any court of competent jurisdiction).

Survival. Sections 6 – 9 of this Agreement, together with any provisions necessary for the interpretation and construction of this Agreement, shall survive and continue notwithstanding any termination of this Agreement or discontinued use of the SkiKrumb Products and Services.

Waiver of Class Action and Jury Trial. Unless otherwise prohibited by law, you and we each agree that any proceeding will be conducted only on an individual basis and not in a class, consolidated or representative action. Each party waives any and all rights it may have to a trial by jury.

Transfer and Assignment. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by SkiKrumb without restriction. Any attempted transfer or assignment in violation hereof shall be null and void. This Agreement binds and enures to the benefit of each party and the party’s successors and permitted assigns.

Severability and Waiver. If any provision of this Agreement is determined by a court of competent jurisdiction to be illegal, invalid or unenforceable, that provision will be severed from this Agreement and the remaining provisions will continue in full force and effect, without amendment. SkiKrumb’s failure to enforce, or delay in enforcing, any of the provisions of this Agreement will not operate as a waiver of any of SkiKrumb’s rights or privileges under this Agreement.

Construction. The headings used in this Agreement are included solely for convenience of reference and are not to be used to interpret, construe, define, or describe the scope of any aspect of this Agreement.

Contact. Any questions or complaints regarding the SkiKrumb Products and Services should be directed via email to [email protected].